No. 18-35459.

989 F.3d 1112 (2021)

Lee Arthur RICE II, Plaintiff-Appellant, v. Dale MOREHOUSE; Nick Shaffer; Jeffrey A. Hill; Mark Abercrombie, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2021.

Attorney(s) appearing for the Case

Craig H. Durham (argued), Ferguson Durham PLLC, Boise, Idaho, for Plaintiff-Appellant.

Erica J. White (argued), Heather H. McCarthy , and Catherine A. Freeman , Deputy Prosecuting Attorneys; Jan M. Bennetts , Ada County Prosecuting Attorney, Boise, Idaho, for Defendants-Appellees Dale Morehouse and Nick Shaffer.

Scott B. Muir (argued), Deputy City Attorney; Boise City Attorney's Office, Boise, Idaho, for Defendants-Appellees Mark Abercrombie and Jeffrey A. Hill.

Before: Ronald Lee Gilman, Richard A. Paez, and Johnnie B. Rawlinson, Circuit Judges.


In the early morning of December 26, 2011, while driving with his family on Interstate 84 near Boise, Idaho, Lee Arthur Rice II was stopped by a state police officer for failing to signal for a full five seconds before changing lanes. Because he believed that there was no basis for the stop, Rice declined to...

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